ROAD TOWN, Tortola, VI- For the second time in the history of the relationship between the Virgin Islands (VI) and the United States of America (USA), a treaty signed years ago between the USA and the United Kingdom and Northern Ireland, called an extradition treaty, is being tested.

The Treaty, which is usually signed between states, was signed by the United States government and the United Kingdom of Great Britain and Northern Ireland and extends to the British Overseas Territories. The Treaty came into force in January 21, 1977.

The extradition request was made by the USA in 2011 to have two men extradited to the US mainland and, according to a former Deputy Governor Elton Georges, “this to my memory is the second such request as one was made in the 90s but it failed on technicality.”

However, Mr Georges told our newsroom “in the history of the treaty, the VI has never made a request for anyone in America to be sent here to be tried in the BVI courts…never happened.”

Is this justice in secrecy?

It is our understanding that the Treaty is administered by the USA State Department and the request document was signed in 2011 by then Secretary of State Hillary D. Rodham Clinton to have Earl Deville Hodge, aka ‘Bob Hodge’, and ex Customs Officer, Roberto Harrigan aka ‘Tico’ brought to the USA to be tried for alleged narcotics transactions.

The historic extradition hearing is ongoing with tax payers funding and a bill to the tune of over $15,000 a month, which include salary, allowances, security and other associated costs for an imported Magistrate, Mr Shawn Innocent of St Lucia.

The media and the public in general have been shut out of the case, and what is also significant to note is there is no one in this extradition hearing courtroom from the local Attorney General’s Chambers or the Office of the Director of Public Prosecutions, not even as observers.

This is a case between the Government of the USA represented by two UK Attorneys the American Government has hired to pursue the matter. The local men, Bob Hodge and Roberto Harrigan, are represented by prominent attorneys, Stephen R. Daniels and Patrick Thompson.

On Monday June 19, 2017 according to our newsroom’s sources in the Governor’s Office and in the legal fraternity, it will mark a significant milestone in the hearing.

Governor goes to court

Governor John S. Duncan OBE, the United Kingdom appointed Governor, who is the Head of State, will travel from his office to the Magistrate’s Court in John’s Hole on Tortola at 10:00 AM as a form of diplomatic protocol to administer the treaty as it relates to the extradition request.

The Governor is to reaffirm that the request has been made via the correct diplomatic official channels and duly received by his office.

The extradition hearing began on June 6, 2017 before Magistrate Innocent and currently the UK Attorneys on the behalf of the US Government are making arguments as to why both men should be extradited.

The men are currently on bail with strict curfew conditions. Following a special sitting on February 14, 2017 Mr Hodge was offered bail in the sum of $1M, while Harrigan was offered bail in the sum of $600,000. Each was ordered to pay $200,000 cash upfront as a part of their bail condition, along with two sureties available to sign.

In eroding their freedom, both men were further ordered to adhere to a strict curfew of 6:00 PM to 6:00 AM, in addition to signing in at the Road Town Police Station daily. This is the third extradition order made for both Hodge and Harrigan and most people believe it’s an abuse of the legal system and could be regarded as double jeopardy in any US legal jurisdiction.

After some four men, including Hodge and Harrigan, spent about three years at Her Majesty’s Prison on Tortola for reported drug offences, the US Government asked for two of the four to be extradited.

Uncle Sam wants them

Then British Governor as Head of State, William B. McCleary, agreed; however, the men went to court and in 2012 Justice Albert Redheand ruled that the men were not to be sent to the USA. Following the ruling, local prosecutors and the USA came back again, claiming they had fresh evidences, and a second order was issued.

High Court Judge, Madame Vicki A. Ellis ruled that former UK appointed Governor McCleary's decision to issue a second Order to proceed with an extradition hearing be quashed and that the matter be remitted to the Governor for reconsideration in accordance with the judgment of the court.

The men had challenged the Order to proceed with a second extradition hearing ordered by McCleary on October 11, 2012.

They went thought a Judicial Review which resulted in a stay in the extradition proceedings at the Magistrate's Court on Tortola.

However, a third one came when both men Messers Hodge and Harrigan were arrested by local police on February 7, 2017 after the US Government issued a fresh extradition order for the men. If this extradition succeeds, and most legal experts believe it will not, a warrant will then be issued for Hodge and Harrigan to be extradited to the USA to stand trial. However, the men have a total of 14 days to appeal the order by filing a writ of habeas corpus.

I agree with you. If the US did not think they have enough to convict these guys, they would not be wasting all this time and money. People need to read the indictment document (Google it) and they will see just a little about why these guys do not want to be return to the US. If they are returned, they better have good lawyers.

Not to long ago a request was made by the VI government for an American man to be extradited here for the murder of his wife. He was sent, tried in our court and convicted for murder, Terrence Williams was the DPP and the man was represented by JS Archibald QC. Archibald appealed the conviction and the man was set free by the appeal court. This was in recent years. I forgot the man name, but it happened, he had kill his wife somewhere over Cooper Island

Doug if you don't know as, the man was extradited here what release on bail you talking about, he was charged for murder, which means, "NO BAIL". I believe the one you talking about was the one in the boat accident.

What are we afraid of? The men are not being sent to Syria or Iran. If they did nothing wrong, the evidence will free them and their return to the BVI would be certain. If they did the crime then they should certainly do the time.

The man's name was David Swain, a US Citizen was extradited from the US for murder, however he won the case on appeal. There is also a warrant in existence for one of the guys to be retried for the Lois Mc Milen murder. A Murder that took place at West End in 2000.
I don't remember the guy's name. He was never back here for re trial.

@@short memory, yes I mentioned that above already but you are wrong on the other information, no warrant was issued for anyone in Luis McMillan.case for retrial on murder. William Labrador was convicted for murder in that case and was sentenced to life, he also won his case at the privy council.

The mere fact that it originated with Hillary should make it null and void........Who ran more drugs from Columbia into Arkansas when Bill was governor? ....Go on YouTube ......Larry Nichols who worked for them was telling it back then in the '80's ......nobody listened .......in fact, he came back during the 2016 election and said what he had been saying for years was right.....the body count, the pilfering.....$2 billion dollars that was raised for the Haitians after the earthquake disappeared after Bill went there as special envoy to Haiti .....with Hillary as Secretary of State.....the Haitian people still living in tents......and right next door Little Saint James next to St. John .....hmm yeah go on YouTube ........she needs to be extradited herself..........lock her up!

This is messed up. This is a miserable life to live...One thing they seem to know is that is no one, no one get extradited to America from the Caribbean goes back home....Guilty or not they will find away to make them guilty... These two men are in their rights to fight for their rights, for their lives against an unjust and very racial system.....Keep fighting brothers. Once you go its over, guilty or not....Your jail space and uniform size already prepared for you.
.

The FEDs & DEA don't come after you unless they 100% sure(these guys entrap you and set you up) the persons selling you the dope or make the money transaction are undercover sting agents: what I do know if United States of America can get the rid of their dope addicted populated the world might be a far better place: 99% of the time dope being seized in this region is heading the United Stated of America:(Trumps needs to fix his dope infested population)

As a B.V.Islander now residing in the U.S.A. They have bigger problems than wanting these two to face trial.These two
should be left to go there merry way,not that i condone what they may have done if so at all.America has more criminals
that are friends in high places that has done worse than these two and has not seen a day inside a court system

A very simple individual who has a chieve to make everyone happy and keeping our community together,why is America trying so hard to destroy our love and compassion for each other in our nation little secret, no confusion nor disturbances just a good guy who got a good head start and kept our economy and more going .no one wants Richard or jeracky or Johnson because we don't know there pass,oil but bay mosquito,Norman island how many sole has being taken but our own blood fed and raised they want take him away and all you telling me about our government looking out for us. United we stand and divide we fall stay strong brothers we all in a war and the strong will survive.

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